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According to police reports, in 2014, Jaramillo and his buddies had been hanging out a Nob Hill bar. The deputy recognized one of them as a wanted felon and called police. When the off-duty deputy left the bar, he was jumped in the parking lot.

Witnesses got the license plate of the alleged attackers, and police tracked the car to Jaramillo.

He was charged with multiple crimes including battery and DWI. But this fall those charges were dismissed.

The District Attorney says the deputy who was the victim didn’t show up to court, and that’s one of the reasons the case was tossed.

“I find it to be a very bold statement,” said Aaron Williamson, with the Bernalillo County Sheriff’s Department. “To say that had the victim in this crime shown up in June, Jaramillo wouldn't have been out, or possibly wouldn't have been out driving drunk."

BCSO says the notice about the case was sent to an incorrect email, though the DA disputes that.